FORM 103

JOINT EXERCISE OF POWERS AGREEMENT

AGREEMENT made between _________________________ (Governmental Entity), and ____________________ (Governmental Entity), each being a governmental entity of the state of Idaho, and [repeat for each political unit entering into the Agreement].

            W I T N E S S E T H :

WHEREAS, each of the parties hereto is a "public agency" as defined by Idaho Code Section 67-2327, and is therefore authorized to enter into a Joint Exercise of Powers Agreement under Idaho Code Section 67-2328, and

WHEREAS, each of the parties, as a "public agency," is entering into this Joint Exercise of Powers Agreement under and pursuant to Idaho Code Section 67-2338 and by resolution or ordinance duly enacted by each party pursuant to Idaho Code Section 67-2328(b), and

WHEREAS, each of the parties hereto have an interest in providing the following public services within their public agencies:

________________________________________________________

Which public services are hereinafter referred to as the "PUBLIC SERVICE; and

WHEREAS, each of the parties own and maintain equipment and employ personnel to perform the PUBLIC SERVICE within their public agency; and

WHEREAS, in the event of an emergency, a catastrophe or other major occurrence, one of the parties may need the assistance of another party to provide the PUBLIC SERVICE within their public agencies; and

WHEREAS, each of the parties hereto have sufficient equipment and personnel to enable it to provide assistance in provide the PUBLIC SERVICE by another party under this Agreement in the event of such emergency or catastrophe; and

WHEREAS, the geographical boundaries of each party are located in such a manner as to enable each party to render mutual aid assistance to another in performing the PUBLIC SERVICE.

NOW, THEREFORE, subject to the limitations of this Agreement and in order to provide mutual aid assistance between the parties in providing the PUBLIC SERVICE, it is hereby agreed under and pursuant to Idaho Code Section 67-2328 as follows:

1.    DURATION OF AGREEMENT: This Agreement shall not be effective until it is approved by the Idaho Secretary of State and the Attorney General, pursuant to Idaho Code Section 67-2329 (if interstate agreement) and by the official or public agency having powers of control, pursuant to Idaho Code Section 67-2330.  It shall continue in full force and effect for a period of five (5) years and continue thereafter or until any party terminates this Agreement by thirty (30) days written notice in writing to all other affected parties.  Provided, during the first five (5) years this Agreement can be terminated by any party by sixty (60) days written notice.  If one party terminates this Agreement, it shall continue in full force and effect as to all other parties until terminated by them. 

2.    PURPOSE--MUTUAL AID ASSISTANCE:  The purpose of this Agreement is to provide mutual aid assistance to the other parties in performing the PUBLIC SERVICE in case of emergency or catastrophe.  The duty of each party under this Agreement is discretionary, but each party agrees that it will provide such assistance to the extent it determines that it has sufficient equipment and personnel to provide the requested assistance as described in paragraph 4 below.  All parties agree that it is not the purpose of this Agreement to provide normal and usual PUBLIC SERVICE by another party which it performs as a public agency.  Each party acknowledges that it has no right to demand of another party that it provide any PUBLIC SERVICE in rendering the under any circumstances. 

3.    MANNER OF FINANCING AND BUDGET:  There shall be no joint financing of activities under this Agreement.  No compensation shall be due and owing for services rendered and equipment furnished under this Agreement by a party.  Each party agrees to be responsible for the payment of compensation and benefits for its employees who provide mutual aid assistance under this Agreement for another party.  Provided, however, the party receiving the mutual aid assistance shall reimburse the party providing it for all additional expenses such as overtime pay, loss or destruction of equipment, uniforms and supplies, and any other extraordinary expenses incurred solely by reason of providing the mutual aid assistance.  Each party shall independently budget for expected expenses under this Agreement.

4.    ADMINISTRATOR OF MUTUAL AID:  Pursuant to Idaho Code Section 67-2328(d)(1), the parties shall jointly, by majority vote, designate an Administrator of mutual aid under this Agreement.  The Administrator shall be an employee of one of the parties and shall serve for a term of one (1) year.  An Administrator may be reappointed for successive terms by the parties.  He shall receive no additional compensation other than as an employee of one of the parties.  [He shall receive a salary, in addition to his compensation as an employee of a party, as determined by the parties which, together with the cost of all benefits and wage withholdings, shall be paid equally by the parties.]  It shall be the duty of the Administrator to coordinate all activities and mutual aid efforts of the parties under this Agreement.

5.    REQUEST FOR ASSISTANCE:  Any request for mutual aid assistance under this Agreement shall be made to the Administrator by the highest ranking official of that party who is available at the time the assistance is needed.  The request may be oral, which shall be confirmed in writing, and shall specify the time and place of the requested assistance, the equipment and personnel requested, and shall state the name of the official who is in charge of the PUBLIC SERVICE at the place where the assistance is requested.  The Administrator shall refer the request to the highest ranking official available of the party requested to provide the mutual aid assistance. 

6.    RESPONSE TO REQUEST:   The party requested to provide mutual aid assistance shall respond to the request as soon as possible.  The response may be orally conveyed to the Administrator and the party requesting the assistance, but it shall be confirmed in writing.  If the requested party agrees to provide mutual aid assistance, it shall notify the Administrator and the requesting party as to the equipment and personnel which will be engaged in the assistance as well as the time it will be provided and the name of the person who will be in charge of providing the assistance.  If the amount of assistance thereafter varies, the party providing it shall amend this notification so that the Administrator and the party receiving the assistance will know what assistance was intended. 

7.    PERSONNEL AND EQUIPMENT PLEDGED:  In order for the parties to understand the scope of this Agreement and the potential mutual aid assistance involved, the amount and number of personnel and equipment pledged by each party for this mutual assistance is listed by each party on the attached Exhibits "A", "B", "C", (etc.)

8.    COMMAND OF EQUIPMENT AND PERSONNEL:  The Administrator shall have overall command of equipment and personnel used under this Agreement.  However, the party to which it was provided shall have on-site command and direction of the equipment and personnel provided for the assistance.  The party receiving the assistance shall always keep the party providing the assistance advised as to the person who is exercising this command and direction.  All personnel who participate in mutual aid assistance shall be loaned servants to the party requesting the assistance.  When the mutual aid assistance is no longer needed, the party receiving the assistance shall release this command and direct that all equipment and personnel be returned to the party providing the assistance.  Personnel who participate in mutual aid assistance shall remain in the employee of their employer for all purposes, including, but not limited to, the payment of wages and benefits with the protection of all insurance and other coverages such as worker's compensation as provided by Idaho Code Section 67-2338.

9.    LIABILITY:  The original employing party shall have and assume complete liability for all of the acts of its personnel and the operation of its equipment provided under this Agreement.

10.  RETURN OF EQUIPMENT AND PERSONNEL:  When the mutual aid assistance is no longer required, the party receiving the assistance shall notify the Administrator and the party providing it and all equipment and personnel shall be returned to their normal place of operation.  The party receiving the mutual aid assistance shall pay for any damage done to equipment while it is being transported to the place of assistance, or while it was used at the place of assistance, or while it is being returned after the assistance, to the extent it is not covered by the insurance of the party providing it.  If the parties jointly purchase real or personal property, to perform under this Agreement, the control of that property shall be under the direction of the Administrator and shall be divided equally among the parties upon termination of this Agreement.

11.  PRE-INCIDENT PLANNING:  The Administrator and the commanding officers of the parties may from time to time mutually establish pre-incident plans which shall indicate the type and locations of potential problem areas where mutual aid assistance may be needed.  This Agreement may be supplemented by schedules and lists of type of equipment and personnel that would be dispatched under various possible circumstances and the number of personnel that would be dispatched under certain circumstances.  In addition, the parties may engage in mutual training sessions to ensure the efficient operation of this Agreement.  The parties agree to take such steps as are feasible to standardize the equipment and procedures used to provide assistance under this Agreement. 

  DATED this _______ day of _______________, 20____.

Form and content approved by ________________ as attorney for _______________ (Governmental Entity).  

Form and content approved by ________________ as attorney for _______________ (Governmental Entity).